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B. Patel (it)     02 April 2014

Help on maintance notice.

Dear Experts, First of all Thank you very much for your valuable answers in past. Thanks in advance for reading long story.

We had mutual divorce on bases on our cast custom and by mutual concerts. We also file divorce case to get the decree order from court as our mrg was registered.

Our common relative is Advocate and he guide us to hire just single advocate and I agreed. Actually he was more close to my Ex-wife.  After filing case we got court dates but on same date,  he was taking another date. I was appearing to court from other city (600 KM from the city were we filed case).  I was sitting ideal at his desk and he was  getting next date. My case got finished in 11 months -  5 May 2013 to 12 March 14 .  What is summons in divorce case?  Status on court website says that there were two summonses but I was not aware off. 

06/06/2013

SUMMONS - NOTICE

27/08/2013

SUMMONS - NOTICE

 I heard that this kind of cases takes less than 6 months.

In our mutual agreement, I agreed to pay monthly expenses to my two kids and she agreed to allow me to meet my kids. She did not allow me to meet my kids so I did not pay maintenance. On 13th march 2014 she sent me notice to pay the maintenance. I replied to that notice and paid.  After that I am contacting her on her father’s landline number to take my kids out for 2-3 hours but they do not talk to me. My daughter talks and says that “I don’t want to come with you now. I will come after few days.”

She had started breaking agreement from day one –on 5th day after filling case but she sends me notice and says that she will file case. In my area I heard that Honorable Judge shree listens more towards women. Though I do not have any evidence but many advocates say that. Many advocates suggest that forget your kids for 2-3 years and pay the maintenance and get rid of.  I have enough proofs against her so they are not able to take any legal actions against me directly so they are talking different way.

I told her to provide me bank account details so that I can transfer money online but she is not providing me bank details also.

I am planning to send her one notice every month for next 12 months that she is not allowing me to meet my kids. Also I will send monthly maintenance cheque.   After that I will stop paying maintenance.   In case I will stop paying maintenance, I will keep maintenance amount aside for my kids.  I love my kids but I cannot do anything in the era of women!!!  Advocates suggest me that I will not get custody of kids or kid.  I don’t want to separate out my two kids so I allow her to keep kids with her.  Do you think sending notices can help me in future if she file maintenance case?  [adultery case so maintenance for only kids.]

Your expert opinion is required.  Many many thanks in advance.



Learning

 3 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     02 April 2014

contact another lawyer with all the documents, it will be better for best advise

1 Like

Gautam Kapoor (IT professional Studying Law)     03 April 2014

Mr. Patel - Honestly,visitation rights are not linked with maintenance.She can well pursue a maintenance case on you to get relief for herself and the kinds. She can also not allow you to meet your kids citing various reasons...This is a FACT.

I honestly suggest  NOT TO STOP sending maintenance amount to your kids, Please continue to do so via payment modes which can be proved later.She may come back saying that the amount is paltry and not sufficient and then you can  open your defences.

This will send a good message to the judge and also prove that you are a good father who inspite of MC orders is caring for the child.Also I'm unaware of how old your children are so cannot opine on child custody.

If the children are underaged, it is better they stay with a mother.

1 Like

B. Patel (it)     03 April 2014

Thanks Gautam Sir and Nadeem sir.


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